Category Archives: Standards of review

D.Nev.: There’s no 4A claim from officers running the serial number of a gun found in plain view

There is no Fourth Amendment claim for officers running the serial number of a gun after it was lawfully encountered, so no ineffective assistance of counsel. United States v. Hylton, 2025 U.S. Dist. LEXIS 71338 (D. Nev. Apr. 14, 2025). … Continue reading

Posted in Plain view, feel, smell, Prison and jail searches, Reasonable expectation of privacy, Standards of review, Strip search | Comments Off on D.Nev.: There’s no 4A claim from officers running the serial number of a gun found in plain view

CA11: When there are multiple grounds supporting a search, appellant has to respond to all

An appellate court can affirm denial of suppression on any ground supported by the record. And, when the district court finds multiple independent grounds to deny suppression, the appellant has to rebut all of them. Here, the district court found … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Standards of review | Comments Off on CA11: When there are multiple grounds supporting a search, appellant has to respond to all

D.Alaska: Recklessly omitted text messages were material to PC finding; suppression granted

Omitted text messages were material to the probable cause finding, and the officer was at least reckless in not including them. Franks satisfied: “Therefore, the Court agrees with Judge Scoble’s reasoning, adopts his analysis, and finds that, had Detective Ruble … Continue reading

Posted in Franks doctrine, Standards of review, Suppression hearings | Comments Off on D.Alaska: Recklessly omitted text messages were material to PC finding; suppression granted

CA3: Apartment visitor to conduct drug deal has no standing

An apartment visitor to conduct a drug deal has no standing to contest a search that happened while he was there. United States v. Loyal, 2025 U.S. App. LEXIS 5853 (3d Cir. Mar. 13, 2025). By collective knowledge, there was … Continue reading

Posted in Collective knowledge, Pretext, Standards of review, Standing | Comments Off on CA3: Apartment visitor to conduct drug deal has no standing

CA6: Facebook picture of stolen lamp gave nexus for SW

An attempt to sell an antique lamp on Facebook provided sufficient nexus to defendant’s house for a search warrant. United States v. Truett, 2025 U.S. App. LEXIS 4764 (6th Cir. Feb. 27, 2025).* The district court saw the video of … Continue reading

Posted in Burden of proof, Nexus, Standards of review | Comments Off on CA6: Facebook picture of stolen lamp gave nexus for SW

W.D.N.Y.: CA2’s deciding search issue in direct appeal with GFE, too, did not violate “party presentation” rule

The Second Circuit upheld the search in this case and threw in an alternative ground, the good faith exception. On habeas, that did not violate the “party presentation” rule where the parties decide the issues to litigate, not the court. … Continue reading

Posted in Standards of review, Uncategorized | Comments Off on W.D.N.Y.: CA2’s deciding search issue in direct appeal with GFE, too, did not violate “party presentation” rule

D.Md.: Review of PC isn’t as skeptical as def requests

“Here, the affidavit easily meets the standard of probable cause. Defendants would require a level of skepticism that is not appropriate to the oversight at this juncture. The scheme to defraud was amply established by the affiant and so was … Continue reading

Posted in Nexus, Probable cause, Standards of review | Comments Off on D.Md.: Review of PC isn’t as skeptical as def requests

OH1: Inadvertence for plain view is a fact question

The inadvertence requirement of plain view here was a fact question. Police showed up on a wellness check about an allegedly suicidal person. Here it was a syringe cap that led to finding the syringe. State v. Hyatt, 2024-Ohio-2422 (1st … Continue reading

Posted in Attenuation, Burden of proof, Dog sniff, Standards of review | Comments Off on OH1: Inadvertence for plain view is a fact question

D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

Posted in Consent, Exclusionary rule, Inventory, Probable cause, Reasonable expectation of privacy, Standards of review | Comments Off on D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

IA: Court ordered privilege review of search was at its expense

When the court orders privilege review for the results of a search, it’s a court expense. State v. Iowa District Court for Emmet County, 2024 Iowa Sup. LEXIS 52 (May 10, 2024). “Lenhart does not assert fraud on the court, … Continue reading

Posted in Prison and jail searches, Privileges, Reasonable expectation of privacy, Standards of review | Comments Off on IA: Court ordered privilege review of search was at its expense

D.Kan.: Preservation request under SCA isn’t a search or seizure

A preservation request under 18 U.S.C. § 2703(f) for defendant’s Snapchat account isn’t an unreasonable search or seizure. Even if, “suppression would not be warranted because the FBI acted in good faith reliance on the Stored Communications Act. As a … Continue reading

Posted in Private search, Social media warrants, Standards of review, Voluntariness | Comments Off on D.Kan.: Preservation request under SCA isn’t a search or seizure

E.D.Wis.: SW for cell phones allowed seizure of others found on premises

In this cell phone search warrant case, the government could seize multiple cell phones found at defendant’s house, old phones and others not named when they were found. Old phones and other phones could also have evidence on them. United … Continue reading

Posted in Cell phones, Reasonable suspicion, Standards of review | Comments Off on E.D.Wis.: SW for cell phones allowed seizure of others found on premises

MO: No duty of care owed by police to fleeing motorist

There was no duty owed to a fleeing motorist who killed himself and his passenger in flight. The police owed a duty to the rest of the locale to stop them. This was reasonable under Scott. Neil v. St. Louis … Continue reading

Posted in Excessive force, Probable cause, Reasonable suspicion, Standards of review | Comments Off on MO: No duty of care owed by police to fleeing motorist

W.D.N.C.: Alleged distinction between smell of MJ and hemp not material here

The distinction between the smell of legal hemp and illegal marijuana wasn’t material where the officer testified he smelled marijuana. United States v. Harris, 2023 U.S. Dist. LEXIS 164723 (W.D.N.C. Sep. 14, 2023).* Defendant was speeding. The stop produced a … Continue reading

Posted in Inevitable discovery, Plain view, feel, smell, Standards of review | Comments Off on W.D.N.C.: Alleged distinction between smell of MJ and hemp not material here

CA8: Motion to suppress via motion for judgment of acquittal results in plain error review

Defendant’s motion to suppress was made as a motion for judgment of acquittal, so it was subject to plain error review, which it was not. United States v. Thornton, 2023 U.S. App. LEXIS 20109 (8th Cir. Aug. 4, 2023). “The … Continue reading

Posted in Motion to suppress, Pretext, Reasonableness, Standards of review | Comments Off on CA8: Motion to suppress via motion for judgment of acquittal results in plain error review

E.D.Tenn.: Undated controlled buys had to be in five weeks before SW, and that’s not stale

The multiple controlled buys were undated in the search warrant application, but the common sense reading was that they were in the five weeks before the warrant issued. That shows an ongoing drug operation, and it’s not stale. United States … Continue reading

Posted in Collective knowledge, Emergency / exigency, Ineffective assistance, Staleness, Standards of review | Comments Off on E.D.Tenn.: Undated controlled buys had to be in five weeks before SW, and that’s not stale

N.D.Ga.: Failure to specify how the R&R was deficient on PC finding was waiver

“The Eleventh Circuit has made clear that a party must ‘pinpoint those portions of the magistrate’s report that the district court must specially consider.’ Schultz, 565 F.3d at 1361. Defendant has not done so here. In sum, Defendant’s one-sentence statement … Continue reading

Posted in Franks doctrine, Standards of review | Comments Off on N.D.Ga.: Failure to specify how the R&R was deficient on PC finding was waiver

CA10: Overlong stop didn’t cause independent search incident

Defendant was subjected to a search incident for false identification. His overlong stop otherwise didn’t cause that. United States v. Anderson, 2023 U.S. App. LEXIS 5997 (10th Cir. Mar. 14, 2023).* “Teixeira struggles to throw shade on the reliability of … Continue reading

Posted in Franks doctrine, Independent source, Search incident, Standards of review | Comments Off on CA10: Overlong stop didn’t cause independent search incident

CA7: Target of SW doesn’t have to be suspected of crime

A target of a search warrant does not have to be suspected of a crime. A holder of “mere evidence” can be subjected to a search warrant. United States v. Roland, 2023 U.S. App. LEXIS 4987 (7th Cir. Mar. 1, … Continue reading

Posted in Standards of review, Warrant requirement | Comments Off on CA7: Target of SW doesn’t have to be suspected of crime

IN: Fundamental (plain) error of S&S claims requires the evidence be fabricated, not just unconstitutionally obtained

The fundamental error avenue to appeal an unobjected to search and seizure claim requires a showing that the evidence was all fabricated, not just that the search was bad. Evidence obtained by search and seizure is usually highly relevant to … Continue reading

Posted in Standards of review, Waiver | Comments Off on IN: Fundamental (plain) error of S&S claims requires the evidence be fabricated, not just unconstitutionally obtained